Marketinglaw Update | August 2017

Data privacy-related issues continue to be a major theme this month, but we also cover important developments regarding (amongst other things) online influencers, gender stereotyping in ads, misleading promotional offers and situations where advertising claims may be read as a mission statement rather than an objective claim as to actual achievement.

As ever, please let us know if you have any feedback. And if you would like to discuss any of the content in this update, please contact me or the author of the relevant story.

Latest news

Advertising Regulation [UK]CMA promises a crack-down on online gambling operators who ignore consumer legislation The CMA has promised enforcement action against unfair practices and promotions in the online gambling sector. We look at what this means and what the CMA and Gambling Commission are contemplating. Anna Williams reports.

Advertising Regulation [UK]The ICO investigates the use of personal data in political campaigning Following a rise in the use of digital advertising by political parties, the ICO announces an investigation into the practices adopted by the Conservative party. Peter Barratt reports.

Advertising Regulation [UK] “No second night sleeping rough” – ASA rules on ad claim The ASA rules on the Whitechapel Centre’s claim on their website “NO SECOND NIGHT OUT ON THE STREETS. TELL US ABOUT A ROUGH SLEEPER.” Daisy Jones reports.

Advertising Regulation [UK]ASA reports on gender stereotyping in ads The UK’s advertising regulator is gearing up to establish new standards on gender stereotyping and new rules on objectifying/inappropriately sexualising women and on normalising unhealthy body images. Jamie Heatly reports.

Data & Privacy [UK]Moneysupermarket.com (Yet more) confirmation that permission-seeking e-mails may be spam… In April, Flybe was fined for sending e-mails asking people if they would like to reconsider their marketing preferences. Now, it’s Moneysupermarket’s turn. Georgina Graham reports.

Data & Privacy [UK]The ePrivacy Regulation and adtech Will the proposed new Regulation kill the adtech sector? In this article, first published in Digital Business Lawyer and written before publication of the recent LIBE amendments, Nick Johnson analysed potential impacts on the sector.

Advertising Regulation [UK]Failure to take basic Information Security measures results in £60,000 fine from the ICO for SME Gaming company SME gaming company is fined £60,000 by the ICO for failing to implement basic security measures. The personal data of over 26,000 customers was hacked as a result. George Garrard reports.

Advertising Regulation [UK]Instagram following FTC warnings After the FTC fires out letters to 90 online influencers, Instagram launches a new transparency tool to benefit both brands and audiences. Chloe Deng reports.

Advertising Regulation [FR]Commercial spots must comply with ARPP’s “Gambling” Recommendation Two private individuals referred a new commercial spot broadcast by the French lottery operator (La Française des Jeux) to the ARPP’s Jury of Ethical Advertisement. The jury found that this “Escape Game Loto” did not comply with ARPP’s Gambling Recommendation. Margaux Hammer reports.

Advertising Regulation [FR]Influencer’s speech considered as advertisement The executive board of the French advertising self-regulatory organisation (ARPP) has agreed on new guidelines regarding online posts by influencers (bloggers, vloggers) in collaboration with brands. Margaux Hammer reports.